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2017-04-24_REVISION - C1981041 (2)
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2017-04-24_REVISION - C1981041 (2)
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Entry Properties
Last modified
4/25/2017 8:57:30 AM
Creation date
4/25/2017 7:33:25 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Revision
Doc Date
4/24/2017
Doc Name
Motion to Dismiss for Lack of Jurisdiction by Objector Fontanari Family Revocable Trust
From
James Beckwith
To
DRMS
Type & Sequence
TR69
Email Name
JHB
JRS
Media Type
D
Archive
No
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Snowcap's TR -69 actively resists this alternative irrigation plan. Citing the existence in <br />June, 2014, of but one sinkhole and an air ventilation shaft (that by Snowcap's own admission <br />and testing (8.16) has been backfilled and will not accept surface water), Snowcap proposes to <br />install two plugs adjacent to the air shaft which, it believes, will stop the flow of water between <br />the sinkhole involved in the June, 2014, incident and the air ventilation shaft. <br />Fontanari rejects the Snowcap proposal. First, the plugs will not impede or prevent coal <br />cavern flooding. Each proposed plug will be sixteen feet in depth: leaving 25-40 feet of highly <br />permeable basaltic aggregate between the bottom of the plug and the sandstone layer setting <br />above the collapsed coal caverns and the basaltic aggregate. Surface water (rain; snowmelt) will <br />simply permeate through the soil around the plugs and into the aggregate below each plug: <br />thereby entering the collapse coal caverns. Second, Fontanari has presented evidence to DRMS <br />and Snowcap verifying two surface subsidence troughs lying on each side of the June 14`" <br />sinkhole and air ventilation shaft. In addition, Fontanari has submitted to DRMS and Snowcap <br />evidence verifying up to twenty additional sinkholes (not including the June, 2014 sinkhole) on <br />471 Tract. Surface waters — whether rainfall or irrigation — can connect with the underground <br />caverns through any of these conditions. However, DRMS and Snowcap do not propose to <br />address any of these conditions. <br />Indeed, DRMS and Snowcap insist that Snowcap is only required by the Commitments <br />(MR -92) to repair the one sinkhole noted in June, 2014, by Mr. Michael Boulay (DRMS) and <br />nothing more. (A reading of the December 21, 2015, "Commitments", however, does not <br />disclose any language limiting the scope of Snowcap's repair duties to one sinkhole, nor does <br />MR -82, itself, specifically incorporate Mr. Boulay's report on the June, 2014, incident.) <br />Additionally, Snowcap and DRMS assert that the proposed Fontanari Repair Plan (which adapts <br />M <br />
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